EY Vietnam_HR and Tax Alert_March 2014

Published: January 13, 2014

Executive SummaryThe Ministry of Labor – Invalids and Social Affairs has introduced a New Circular 03 which provide guidance on the implementation of certain aspects of Decree 102 regarding the new Labor code on foreign employee management. Circular 03 will come into force on 10 March 2014 and clarifies the process to obtain approval before using foreign nationals and provides further instruction on work permit application dossiers.

Key issuesIdentification of positions allowed for the employment of foreign nationalsEmployers (except for contractors) who plan the employment of foreign nationals must submit a written report on their foreign labor requirements (report of demands) to the local Department of Labor – Invalids and Social Affairs (DOLISA) where the employer’s headquarters are based at least 30 days before recruiting.